White v. Short

Opinion by

Judge PLANK.

Plaintiffs, Richard and Atta White, appeal the summary judgment entered in favor of the defendant, Byron Short, d/b/a, R.C. Grand Prix. We affirm in part, reverse in part, and remand for further proceedings.

The plaintiffs sold a shopping center to Larry Lowry in January 1986, taking back a promissory note and deed of trust. Low- ry then executed a three-year lease with the defendant for space at the shopping center.

On May 1, 1986, Lowry defaulted on the note, and the plaintiffs commenced foreclosure proceedings. A receiver was appointed on May 6, 1986.

Subsequently, the…